A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was the parent-child of the victim B.

피고인은 2003. 봄 경 피고인의 성기를 피해 자의 입에 넣거나 입으로 피해자의 성기를 빤 적이 있음에도 나이가 어리고 인지 능력 및 대처능력이 부족한 피해자가 자신의 행위에 대해 겁을 먹고 저항하지 못하고 모친에게도 범행에 대해 이야기하지 못하는 것을 이용하여 계속하여 피해자를 추행하기로 마음먹었다.

1. On June 8, 2003, the Defendant met the sexual flag of the victim (five years of age) who satis on the floor at the floor in the sub-surves with Suwon-si and no more than 203.

2. 피고인은 2004. 1. 경 안산시 상록 구 C에 있는 피해자( 여, 10세) 의 집에서, 자고 있는 피해자의 위로 올라가 피해자의 하의를 벗긴 후 피고인의 성기를 비볐다.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to recording notes;

1. Where there is a clerical error or omission in the entry of the applicable Article in the law because the provisions of Article 8-2(2) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 8059 of Oct. 27, 2006) and Article 298 of the Criminal Act apply to the case where the scope of the public prosecution have a function to assist the determination of the scope of the prosecution.

Even if this does not cause any substantial disadvantage to the defendant's defense, the validity of the indictment does not affect (see Supreme Court Decision 2000Do6113, Feb. 23, 2001, etc.). Article 8-2 (3) and (2) of the former Act on the Punishment, Protection, etc. of Sexual Crimes (Act No. 6400), and Article 299 of the Criminal Act are stated in the Act applicable to the indictment of this case. However, it is stated in the facts charged that "the defendant forced a victim under 13 years of age to commit an indecent act," and submitted by the defendant's defense counsel.